Sunday, July 5, 2026Labor & Employment Law
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5416 articles on ELINFONET
New York - General
Before offering severance to a departing employee, New York employers should be aware of recent changes to the New York unemployment insurance law. These changes may affect both the timing and language of the severance agreement.
OSHA - Whistleblower Protections
The Occupational Safety and Health Administration has issued an interim final rule and request for comments on the procedures for handling retaliation complaints under the employee protection provision of the Consumer Financial Protection Act (CFPA). OSHA is charged with overseeing and enforcing the
Federal Gov't - DOL
House lawmakers raised pointed questions concerning the Office of Federal Contract Compliance Programs (OFCCP), Occupational Safety and Health Administration (OSHA), and the Wage and Hour Division during an appropriations subcommittee hearing on the Department of Labor’s FY 2015 budget request. Labo
HR - Arbitration Issues
Is an arbitration clause enforceable if it is in an expired contract and the parties omitted it from the contract’s survival clause? Yes, said the Sixth Circuit in Huffman v. The Hilltop Companies, noting “whether the strong presumption in favor of arbitration applies postexpiration when an arbitrat
Benefits - HIPAA
On March 28, 2014, the U.S. Department of Health and Human Services launched a new security risk assessment (SRA) tool to help health care providers in small- to medium-sized offices conduct risk assessments of their organizations in order to comply with the Health Insurance Portability and Accounta
HR - General
Legislation would Effectively Prevent NLRB's Representation Election Rule From Moving Forward.
Sex Discrimination - Equal Pay
In advance of an expected floor vote, the Senate Committee on Health, Education, Labor and Pensions held a hearing on April 1 to discuss the merits of the Paycheck Fairness Act (S. 84). Sen. Barbara A. Mikulski (MD), chief sponsor of the legislation, said the Senate needs to “finish the job started
Pennsylvania - General
On or before April 20, 2014, all employers with employees in the City of Philadelphia must post a new notice on pregnancy discrimination from the Philadelphia Commission on Human Relations. Unlike the Philadelphia 21st Century Minimum Wage and Benefits Standard,1 this law is not limited to city empl
New York - Human Rights Law
On March 26, 2014, the New York City Council unanimously passed a bill to expand the New York City Human Rights law to prohibit employment discrimination against interns. The legislation will likely be enacted into law, as it was passed unanimously (with one Council member absent) such that the City
Class Actions - General
The United States Court of Appeals for the Eleventh Circuit became the latest federal appellate court to enforce an arbitration agreement with a class action waiver in a collective action under the Fair Labor Standards Act. In Walthour v. Chipio Windshield Repair, LLC, the court affirmed the distric
Immigration - General
In a recent report entitled “U.S. Immigration and Customs Enforcement’s Worksite Enforcement Administrative Inspection Process,” Acting Assistant Inspector General for Audits Mark Bell discussed the results of an audit of U.S. Immigration and Customs Enforcement’s (“ICE”) worksite enforcement proces
Labor Law - Union Organizing
As a preemptive strike against a final “ambush” representation election rule, Republican lawmakers in both chambers introduced legislation that would blunt its intended effects. In February, the National Labor Relations Board reissued its controversial proposal that would not only expedite union ele
Puerto Rico
On March 7, 2014, Governor Alejandro García Padilla signed into law the First Chance Youth Employment Act (“Ley de la Primera Oportunidad de Empleo Juvenil”) (“Law 36-2014”). Law 36-2014 aims to create employment opportunities for talented youth who have completed a college degree, so they can enter
FMLA - Regulations
Did you ever have an employee tell you that he has medical condition "x," which will require time off at some point in the future? Normally, you tactfully tell him to come back when he actually needs time off, correct?
California - Class Actions
Last week, in Baumann v. Chase Investment Services Corporation, the Ninth Circuit Court of Appeals held that representative actions brought pursuant to the California Labor Code Private Attorneys General Act (PAGA) are not sufficiently similar to Rule 23 class actions for removal to federal court un
FLSA - Overtime Exemptions
On Thursday, March 13, President Obama directed U.S. Secretary of Labor Thomas E. Perez to "modernize and streamline" the Department of Labor's (DOL) "white collar" overtime exemption regulations at 29 C.F.R. Part 541.1 The regulations define the scope of the executive, administrative, professional,
California - General
On March 7, 2014, in Troester v. Starbucks Corporation, the U.S. District Court for the Central District of California applied the de minimis doctrine and granted summary judgment to the employer in a putative class action seeking allegedly unpaid minimum and overtime wages, along with derivative pe
Restrictive Covenants
Addressing the “inevitable disclosure doctrine” for the first time, the U.S. District Court for the District of Columbia’s recent decision in Info. Strategies, Inc. v. Dumosch1 left open the possibility of the doctrine’s use in establishing trade secret misappropriation claims. A shorthand method of
HR - Whistleblowing
A Florida hospital recently reached an agreement with the U.S. Department of Justice to pay $85 million to settle part of a whistleblower lawsuit initiated by a former employee who accused the hospital of illegal kickbacks to its cancer doctors and neurosurgeons, and Medicare fraud. (U.S. et al. v.
New York - Human Rights Law
In a March 17 press conference, New York Mayor Bill de Blasio announced that later this week he will sign into law two bills that significantly expand the provisions of the New York City Earned Sick Time Act (Act). The Act, which takes effect on April 1, 2014, requires most private employers to prov